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Quo warranto in an Elective Office vs. Quo Warranto in an Appointive Office

Distinctions between Quo Warranto in elective and in appointive office:

1. Governing Law

In office, elective the governing law is the election law; in appointive office, the rules that govern are the provisions of the Rules of Court.

2. Issue

In elective office, the issue is the eligibility of the person elected; in appointive office, the issue is the legality of the occupancy of the office by virtue of a legal appointment.

3. Period of Filing

In elective office, the petition is filed within 10 days after the proclamation of the results of the election; in appointive office, the petition is filed within one (1) yearfrom the time the cause of ouster, or the right of thepetitioner toholdtheoffice or position, arose.

4. Where to File

In elective office, the petition is brought in the Comelec, the RTC, or the MTC as the case may be; in appointive office, the petition is brought in the SC, CA or the RTC.

5. Who may file?

In elective office, the petitioner may be any voter even if he is not entitled to the office; in appointive office, the petitioner isthe entitledtothe office. (Regalado)

6. Judgment

In elective office, when the tribunal declares thecandidate-electas ineligible, he will be unseated but the petitioner will not be declared the rightful occupant of the office; in appointive office, the court will oust the person illegally appointed and will order the seating of the person who was legally appointed and entitled to the office. (Regalado)